A/HRC/13/62
women from exercising their right to participate fully in all aspects of public life. This
includes employment, especially with regard to work perceived as countering traditional
roles and transgressing social norms. Women with a public profile are often accused of
immoral behaviour, a message frequently transmitted by conservative religious leaders,
including those with vested political interests. Attacks, threats and harassment against
women in public life, often at the hands of AGEs, are a frequent occurrence and in most
cases go unpunished.
27.
Sexual violence against Afghan women and girls has, in all probability, continued to
be underreported. Afghan women have repeatedly reported a loss of faith in law
enforcement and judicial institutions, which they consider ineffective, dysfunctional, and
corrupt. The misplaced stigma of sexual violence falling on the victim rather than the
perpetrator, as well as lack of access to any form of justice or remedies for victims, has
ensured that sexual violence remains a taboo subject largely unaddressed either by
Afghanistan’s law enforcement institutions or by Afghan society.
IV. Transitional justice
28.
Re-establishing the rule of law and ending impunity for egregious human rights
violations remains crucial to the realization of justice and the enhancement of peace and
stability in Afghanistan. The time frame for the Action Plan for Peace, Reconciliation and
Justice (APPRJ) expired in March 2009 with most of its proposed actions not yet
implemented. The Joint Coordination and Monitoring Board (JCMB), a body responsible
for implementation of the Afghanistan National Development Strategy (ANDS) in which
the Action Plan is a benchmark, failed to address the issue and did not take decisive steps to
envisage a comprehensive strategy to fight against impunity for past and current human
rights violations.
29.
Perpetrators of human rights violations and abuses not only enjoy impunity, but
were also elected to public office. The effort to vet candidates based on their human rights
record failed largely due to the inability of the Afghan judicial system to effectively meet
the provision of the Electoral Law (art. 14). This stipulates that the disqualification of
candidates for past crimes should be made on the basis of article 62 (3) of the Afghan
Constitution which states that: “Presidential candidates should not have been convicted of
crimes against humanity, criminal act, or deprivation of civil rights by a court.” The
provision of this article also applies to the Vice President. Article 85 extends this provision
to members of parliament. The need to change and improve vetting mechanisms became
evident when persons with credible allegations of human rights violations and abuses
against them stood for election or were appointed to senior positions in the Government.
Their presence greatly undermined the legitimacy and credibility of the election process,
and cast a shadow over the democratic future of the country.
30.
In July 2009, the Transitional Justice Coordination Group (TJCG), composed of 20
representatives of human rights organizations, media and victims’ groups, issued a joint
press statement calling on presidential candidates to include the Action Plan for Peace,
Reconciliation and Justice in their presidential campaigns. The group also called upon
candidates not to negotiate with individuals alleged to have committed human rights
violations and abuses. UNAMA spoke out against the anticipated presence of these alleged
perpetrators in the Government both before and after the election.
31.
UNAMA worked with the Government, as well as with civil society and victim
groups, to identify strategies to move the transitional justice agenda forward.
OHCHR/UNAMA, for example, widely distributed the video “Healing Tears” which
contains the testimonies of victims. It proved effective in raising awareness and in creating
GE.10-10230
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